SHANKARAPPA GOWDA Vs. INDUDHARA GOWDA

JUDGEMENT

(1.) AT the stage of admission, the matter is heard and disposed of.

(2.) THE respondent-plaintiff herein instituted a suit for permanent injunction against the petitioners herein and sought and obtained an ad interim injunction restraining the defendants from interfering with the possession of the property. The defendants who contested the claim of the plaintiff raised a contention that the first defendant has filed a declaration in Form 7-A on 17-12-1998 before the Deputy Commissioner, shimoga and the matter is pending consideration and sought under section 133 of the Karnataka Land Reforms Act (hereinafter called as 'act') for stay of further proceedings till such time as Form 7-A filed by the first defendant was disposed of.

(3.) THE property that is involved in the suit for permanent injunction filed by the respondent is 3 acres and 7 guntas of land in Sy. No. 213/2 of anaji Village in Soraba Taluk. The plaintiff tracing the history of title to the property sought a permanent injunction against the defendants from interfering with his possession of the property. As already observed, the first defendant raised a contention that under Section 77-A of the Act, that he has filed a declaration Form 7-A, and therefore the matter was required to be stayed.